Print Friendly
Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
PUBLIC OFFICERS IN GENERAL
CHAPTER 13
PUBLIC EMPLOYEE RETIREMENT SYSTEM
59-1352B. PUBLIC SAFETY OFFICER catastrophic injury or death Line of Duty benefits. (1) For purposes of this section:
(a) "Catastrophic injury" means a sudden, violent, life-threatening, duty-related injury sustained by an active member within the scope of the public safety officer’s duties and within the department policy that is due to an externally caused event such as a motor vehicle collision, gunshot wound, aggravated battery, structural collapse, significant fall, or other external event or events that is not self-inflicted or the result of intoxication; provided, however, that no psychological injury, disorder, or condition shall be considered a catastrophic injury under this definition. The injury, if it does not result in death, must be of such severity that it causes the loss of ability to maintain certifications required by the state of Idaho, the member’s department, or both. The injury shall be supported by evidence of one (1) or more of the following conditions:
(i) Total, complete, permanent, and uncorrectable loss of sight in both eyes;
(ii) Total, complete, permanent, and uncorrectable loss of hearing in both ears;
(iii) Total, complete, and permanent loss of the ability to speak;
(iv) Total, complete, and permanent loss of the use of one (1) or both feet at or above the ankle;
(v) Total, complete, and permanent loss of the use of one (1) or both hands at or above the wrist;
(vi) Injury to the spine that results in a total, permanent, and complete paralysis of both arms, both legs, or one (1) arm and one (1) leg;
(vii) An externally caused, physical traumatic injury to the brain that renders the member physically or mentally unable to perform the duties of a public safety officer; or
(viii) A catastrophic injury that results in death.
(b) "Catastrophic injury that results in death" means the death of a public safety officer in a manner that would qualify for the payment of death benefits pursuant to regulations issued by the United States department of justice pursuant to 34 U.S.C. 10281; provided, however, that the retirement board is authorized to revise such definition.
(c) "Catastrophic line of duty benefits" means benefits payable to:
(i) A public safety officer who sustains a catastrophic injury pursuant to this section; or
(ii) The surviving spouse of a public safety officer who sustained a catastrophic injury that results in death.
(d) "Dependent child" means a surviving natural or legally adopted child who is under twenty-one (21) years of age at the time of a public safety officer’s catastrophic injury that results in death.
(e) "Public safety officer" means a police officer member as set forth in section 59-1303, Idaho Code, or a firefighter member as set forth in section 59-1302(16), Idaho Code.
(2) A public safety officer who sustains a catastrophic injury or the surviving spouse of a public safety officer who sustained a catastrophic injury that results in death as set forth in this section is eligible for:
(a) A onetime permanent catastrophic injury benefit in the amount of five hundred thousand dollars ($500,000); and
(b) An ongoing annual benefit in an amount not less than seventy-five thousand dollars ($75,000) per year, to be adjusted every four (4) years pursuant to an actuarial study to determine the change in average public safety officer benefits over the previous four (4) years.
(3) In the event of a public safety officer’s catastrophic injury that results in death, if there is no surviving spouse, the public safety officer’s dependent children are eligible for the benefit provided for in subsection (2)(a) of this section. Benefits to dependent children shall be paid in accordance with the provisions of chapter 8, title 68, Idaho Code; provided that when there are multiple dependent children, the benefit shall be divided equally among them.
(4) In the event a public safety officer receiving the catastrophic line of duty benefit as set forth in this section dies and leaves a surviving spouse to whom the member was married at the time of the catastrophic injury, such surviving spouse shall receive the catastrophic line of duty benefit for the duration of such spouse’s life to which the public safety officer would have been entitled.
(5) The benefits payable under this section shall not be subject to Idaho state income tax.
(6) A public safety officer, the public safety officer’s surviving spouse, or the public safety officer’s surviving dependent child who seeks to obtain benefits under this section shall apply to the retirement board within twelve (12) months of the date of the incident resulting in the public safety officer’s catastrophic injury. No benefit shall be payable unless the retirement board determines eligibility pursuant to the requirements of this section. A public safety officer’s refusal to submit to a medical examination ordered by the board before the commencement of a catastrophic line of duty benefit or at any reasonable time thereafter shall constitute proof that the member is not eligible for the benefits provided for in this section.
(7) The benefits provided for in this section shall not be in addition to other benefits under this chapter.
(8) If a public safety officer who qualifies for benefits provided for in this section again becomes an employee in a nonpublic safety officer position as defined in sections 59-1302(14) and (16) and 59-1303, Idaho Code, as a result of returning to employment with an employer as defined in section 59-1302(15), Idaho Code, the public safety officer may elect to continue receiving benefits and not accrue additional service. In such circumstance, no contributions shall be made by the member during such reemployment and the public safety officer catastrophic line of duty benefit payable on the behalf of the member shall continue.
(9) It is the intent of the legislature that this benefit shall be funded solely by public safety officers in perpetuity and not by an employer as defined in section 59-1302(15), Idaho Code. Therefore, the costs associated with providing this benefit as determined by the board shall be paid solely by public safety officers. An actuarial cost analysis of the benefit will be performed every four (4) years by the board. However, in instances involving a catastrophic injury that results in death, the first one hundred thousand dollars ($100,000) of the benefit shall be paid for by the employers of public safety officers as an additional contribution component separate and distinct from all other obligations under this chapter. The portion of costs to be paid by the employers of public safety officers pursuant to this subsection is a continuation of how such costs were previously paid for public safety officer death benefits. Such costs shall be paid in a manner as determined by the board.
(10) Any individual who qualified for or was eligible to receive the public safety officer death benefit between July 1, 2021, and the effective date of this subsection shall receive the balance of the improved benefit as provided for in this section.
History: